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Full text of "Hense affidavit"

BEFORE THE GRIEVANCE COMMISSION 
OF THE SUPREME COURT OF IOWA 



02 20/3 



IN THE MATTER OF 



SUSAN L. HENSE, 



Attorney at Law 



Docket No 



AFFIDAVIT CONSENTING TO 
DISBARMENT, A.ND RFSPONSF 

FILED 

JAN 2 2013 



CLERK SUPRfi 



1. Attached hereto as Exhibit A is the original of an affidavit coikea3BQSI a."di'sl3Wrri^4 t 
which was sent to the Attorney Disciplinary Board by Susan Hense's attorney, Frank J. Nidey. 
(See Exhibit B). 

2. The Board understands that Ms. Hense misappropriated approximately $800,000 of 
client funds. The affidavit states (paragraph 4) that Hense expects to be prosecuted for theft in 
the first degree, which involves more than $10,000 and is a class "C" felony. Iowa Code ยง 
714.2(1). Thus, the Attorney Disciplinary Board states, pursuant to Court Rule 35.16(2), that it 
believes the misconduct admitted in the affidavit would probably result in revocation of Ms. 
Hense's license to practice law. See Attorney Disciplinary Board v. Reilly, 708 N.W.2d 82 (Iowa 
2006). 

WHEREFORE, the Attorney Disciplinary Board requests an order disbarring Hense on 
consent, as provided in Court Rule 35.16(3). 



1 



IOWA SUPREME COURT 
ATTORNEY DISCIPLINARY BOARD 




By: ^72^^-^ 

DAVID J. GRACE, AT0002960 

Iowa Judicial Branch Building 

1111 E. Court Avenue 

Des Moines, Iowa 50319 

Telephone: (515)725-8017 

Facsimile: (515)725-8013 

E-mail: david.grace@iowacourts.gov 

ETHICS COUNSEL 



CERTIFICATE OF SERVICE 



I, Barbara E. Conkel, hereby certify on A_ day of January, 2013, 1 served this document 



by mailing a copy thereof with sufficient postage affixed to: Frank J. Nidey, Attorney at Law, 
425 2 nd Street SE, Suite 1000, Cedar Rapids, IA 52401. 





Barbara E. Conkel 



2 



IOWA RULE 35.16 DISBARMENT ON CONSENT 
AFFIDAVIT OF SUSAN L. HENSE 
I, Susan L. Hense, being first duly sworn, do depose and state: 

1. I am an Iowa lawyer, admitted to practice on September 9, 1996. 

2. I submit this affidavit pursuant to Rule 35.16(1) for the purpose of 
consenting to disbarment. 

3. My consent to disbarment is freely and voluntarily given with great 
remorse for the actions underlying it. In making this decision, I have not 
experienced any duress or coercion. At this time, I know of no pending 
investigation concerning my actions. 

4. I consulted with my attorney before signing this affidavit. My consent to 
disbarment is hereby given with the full and certain knowledge that I will 
never practice law again and knowing that I will be charged with and 
prosecuted for theft in the first degree. 

5. I am unaware of any pending investigation or proceeding but I admit that 
grounds exist for revocation of my license to practice law. The grounds 
include that I misappropriated funds from my client trust account and 
appropriated those funds to my own use. (Section 714.1(2) of the Code of 
Iowa.) The funds I removed from my client trust account were not earned 
by me, I was not entitled to them and I spent them. 




6. If disciplinary proceedings were commenced against me, I could not and 
would not defend against them. I deeply regret, beyond my ability to 
describe, my theft of funds belonging to my clients. My conduct merits 
disbarment. 

7. Because Rule 35.16(l)(f) requests any matters in mitigation, I state that I 
have a debilitating gambling addiction, that I have self-excluded myself 
from the casinos I frequented (as well as all casinos in Iowa, Wisconsin 
and Illinois), that I attend individual counseling at least weekly, and that I 
will shortly begin attending one-day-at-a-time meetings. I have not 
gambled since making initial contact with the SASC Addiction 
Treatment program October 6, 2012, and will do everything in my power 
to never gamble again. Although I am unaware of any additional actions 
which my physician or counselors may recommend to assist my 
recovery, I will make every effort to continue cooperating with any and 
all recommendations to aid in my recovery. 

8. Although I am unaware of any alternative or additional sanctions the 
Iowa Supreme Court may take, I consent to them. 

9. I will, this date, make a complete report to the Cedar Rapids Police 
Department, the Linn County Attorney's Office, and the Client Security 
Commission. I will fully cooperate to the best of my ability and take 



responsibility with these and any other agencies to assist with the 
mitigation of any damages my actions have caused my clients. 
10. The facts I admit above are true. 




125 Wilson Avenue SW 
Cedar Rapids, Iowa 52404 



Subscribed and sworn to before me on this 




day of December 2012. 




Nidey Erdahl Tindal & Fisher, PL% 

Attorneys at Law 



C 3 / 



WWW.EIOWALAW.COM 



"Br 



Frank J. Nidey* Clemens A. Erdahl Eric D. Tindal Mark D. Fisher* 
John W. Pilkington Patricia J. Meier 



Richard C. Wenzel (1945-2010) 
Kenneth R. Martens (1946-2010) 



Reply To: Cedar Rapids Office 
Author's E-mail: FNiDEY(g),Eiow alaw.com 
Author's Ext: 101 
* Mediator 



December 27, 2012 



Charles Harrington 
Attorney Discipline Board 
1111 E. Court Avenue 
Des Moines IA 50319 

Dear Charles: 

Thank you for speaking with me on the phone this morning. 

Please find enclosed the original of Ms. Hense's Rule 35.16 Disbarment on Consent Affidavit. 
Please do not hesitate to contact me should you need any additional information. 
Thank you. 
Sincerely 




FraA J. Nidey 
Attorney at Law 

Enclosure 
cc: Sue Hense 



Cedar Rapids Office 

425 2 nd Street SE 
Suite 1000 
Cedar Rapids, Iowa 52401 
Phone: (319)369-0000 
Fax: (319)369-6972 



'Williamsburg Office 

600 Court Street 
P.O. Box 656 
Williamsburg, Iowa 52361 
Phone: (319) 668-1323 
Fax: (319) 668-1706 



Marengo Office 

1017 Court Avenue 
Marengo, Iowa 52301 
Phone: (319) 642-3411 

EXHIBIT 



B 



In Association with: 

Tindal Law Office 

305 West Main, Suite A, 
Washington, Iowa 52353 
Douglas L. Tindal 
Katie Mitchell 
Sara E. Strain Under